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HomeMy WebLinkAboutbocc.con.124.2012 Rev. 08-30-11 jls • COUNTY CLERK'S 1st CONTRACT COVERSHEET CONTRACT #: 124.2013 ORIGINATING DEPARTMENT: Fleet PROCUREMENT OFFICER: Chris Bull PHONE#: 5393 PROJECT NAME: 1 Toyota Tacoma for Open Space CONTRACTOR: Go Toyota DOLLAR AMOUNT: $26,118.00 LINE ITEM# 118.57.00952.86650 CONTRACT EXECUTION DATE: CONTRACT END DATE: AUTOMATIC RENEWAL: ❑ YES ® NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER$50,000(Requires Section Leader& County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal El Formal ❑ Sole Source ❑ Emergency ® Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease ❑ Non-Profit El Construction ❑ Quasi-Public (e.g.-AVH) ® Goods, Equipnien£, Supplies ❑ Grant Agreements(Notify Finance & Resolution Required) ❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment (00: 10%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ Z No Pages Missing ✓❑ All Other Blanks Filled In ✓ ❑ If Page Left Intentionally Blank—Note on Page ✓® All Exhibits Attached ✓ ® Page numbered consecutively in All Legal Descriptions attached (i[applicable) ✓ ❑ All Original Signatures Affixed in Notice of Award/Notice to Proceed Attached (if applicable, ✓ ❑ All Dates Filled In ✓❑ Warranty(if applicable) ✓ ❑ Special Instructions for Finance Department: ✓ ❑ Authorized Procurement Officer's Name: BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract# 124.2013 2- Rev. 8.29.11 jaa/js Budget Line Item# 118.57.00952.86650 OUTSIDE AGENCY BID MEMORANDUM TO: File FROM: Chris Bull. Fleet Manager RE: Toyota Tacoma for Open Space DATE: 2/13/13 STATE BID At the procurement officer's discretion, a contract may be awarded for a property, service, or construction item on the terms and to the contractor that has been selected under the State • of Colorado's or other governmental jurisdiction's competitive procurement process. The other jurisdiction's process must maintain the spirit of the County's procurement standards . in order for the proposal to be accepted by the County (Pitkin County Procurement Code section 3-106.) Contract# 124.2013 Description of Project: 1 Toyota Tacoma for Open Space. State Contract Budget:$ 26,118.00 Budget Line Item # 118.57.00952.86650 Outside Agency Procurement process used State Of Colorado Contract Contractor Contacted (who and how): Go Toyota( John Basci) 303-792-1120 P 303-268-8755 F • BasicJ@autonation.com (2 ')2 ,ty 0— l3 Procurement Officer Date County anager Date (Place in procurement file) Contract# 124.2013 Rev. 8.29.1 1 jaa Budget Line Item# 118.57.00952.86650 trIKIN OUN 071,� CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into this 13th day of Febuary, 2013 , by and between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "County") and Go Toyota , (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: 1 Toyota Tacoma Pickup, as per State Contract 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the County at the following place and time: Place: Centennial CO Date and Time. TBD 3. RISK OF LOSS. At all times prior to delivery and County's acceptance of the goods, Vendor shall bear any and all risk of loss of or damage to the goods. During such period, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of$0.00 per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have 7 Days for inspection of goods. At delivery 1 • Contract# 124.2013 Rev. 8.29.11 jaa Budget Line Item # 118.57.00951.86650 and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents evidencing such ownership and title to the goods. The goods shall be delivered to County free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. 7. REJECTION OF GOODS. . If goods are not delivered according to the specifications and descriptions of this contract, County may reject goods. [Vendor shall have 10 Days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, County may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8. WARRANTY/REPAIRS: A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to County all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of 36 Months or 36,000 miles after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the County, replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field;however, in the event of major repairs, the goods may be transported to Vendor's facility at no cost to the County. C. Extended Warranties. In addition to the above, the County may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to County in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of$26,118.00 but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. 11. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, County shall be entitled to suit for damages, specific performance or other relief in law or equity. 2 Contract# 124.2013 Rev. 8.29.11 jaa Budget Line Item# 118.57.00951.86650 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the County. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the County and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and Vendor. 16. EXEMPTIONS. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 13, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that the County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Vendor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 3 • Contract# 124.2013 r Rev. 8.29.11 jaa Budget Line Item# 118.57.00951.86650 lV 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County as County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County with copies to: Christopher Bull Pitkin County Attorney's Office 76 Service Center Rd, Aspen CO 81611 530 E. Main Street, #302 • 970-920-5764 Aspen, Colorado 81611 Fax: (970) 920-5198 B. Go Toyota John Basci 10531 E Arapahoe Rd Centennial CO 80112 303-792-1120 P 303-268-8755 F IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO Bd • 76O74 3 )Q `3 By: Age .2-28-?? N• e/Coinpany Date County Manager Date Title: B 0.41,,4 J Er department Manager/Section ead Date 4 • v 7 Colorado State Fleet Management Page 1 of 3 2013 VEHICLE SPECIFICATIONS Dealers Invitation to Bid 812712012 Class: P/U-4x4 Body Code: F1 PU SMALL,4X4 Representative Models: 1: NISSAN FRONTIER 2:TOYOTA TACOMA 3: SUZUKI EQUATOR 4: -I MAKErI MODEL: 7A4cC!Li A OEM.MODEL II: /5o q TRIM LEVEL: OEM CODE: STANDARD SPECIFICATIONS: OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS 100 PASS: 2 PERSONS MIN. STD 110 DOORS:2 SIDE DOORS _ EID 123 STANDARD BED MIN:70 INCHES 73•S 140 TIRES:ALL SEAS M&S RADIAL 146 FULL SIZE SPARE TIRE ST 173 WHEELBASE:103.0 IN.MIN It L, 195 ENG MIN CYL:4 202 ENG MIN DISP:2.4L .1 222 FUEL TANK: 16 GAL MIN I 231 GVW RATING:4400MIN $(00 300 AIR CONDITIONING-R134a r1 302 RADIO:AM/FM Sit #C,'D,%A 3, }}l1Dlo 7cc- . uS% , ewE106TIA 307 POWER BRAKES 8 POWER STEERING �D ` 308 ABS BRAKES $TD t VSC.7rQaC t£'gD 1'g Pc 5ST (sw+R1 S119) 310 SEATS:CLOTH SEATS R'T) 320 FLOORING:CARPET $TD pQ 340 AIR BAG-DRIVER SIDE Sm 'h Pp65sNce.Q, &.uIcurc1C'C t 511v J C.t A/AJ 400 MIRRORS:RIGHT AND LEFT yt 404 INTERMITTENT WIPERS '['CL)S SPECn 410 TRANSMISSION:AUTOMATIC 415 FOUR-WHEEL DRIVE 418 AUTOMATIC LOCKING FRONT HUBS STD 458 STEP BMPR-20011TONGUE,2000#TRLR W Sato 13 r 752 AXLE RATIO:SPECIFY 4./o 910 PRIMARY FUEL:UNLEADED -rb 991 STD WRNTY-BUMPER TO BUMPER 3/36 STD h�•1 STANDARD VEHICLE BASE PRICE$ 0211% of > AVAILABLE OPTIONS: OEM CODEACTUAL I COMMENTS PRICE 097 CREW CAB(4 DOORS):SPECIFY CA '% V b -LoT$ of STD SQUip r 492 098 EXT CAB LONG BED 3 OR 4 DOOR AeaSS C46 1- 01178 Colorado State Fleet Management Page 2 of 3 2013 VEHICLE SPECIFICATIONS Dealers Invitation to Bid 8/27/2012 Class: P/U-4x4 godv Code:Fl PU SMALL,4X4 • Representative Models: 1: NISSAN FRONTIER 2:TOYOTA TACOMA 3:SUZUKI EQUATOR 4: MAKE:1.964A- MODEL: 'Tpte.Kf4 OEM MODEL#: TOW TRIM LEVEL: OEM CODE: AVAILABLE OPTIONS: OEM CODEACTUAL I COMMENTS PRICE 099 EXT CAB SHORT BED 3 OR 4 DOOR — 121 LONG BED 122 SHORT BED 133 BACK UP ALARM IUA 141 TIRES:ALL-TERRAIN,LIST SIZE: NA• 143 TIRES:OPTION#1,LIST SIZE: NA 216 NON-STD ENGINE OPTION A: NA 239 GVW OPTION:SPECIFY A(ft . 249 AXLE RATIO OPTION:SPECIFY N A 254 ALT FUEL-OEM BI FUEL tJA 255 ALT FUEL-OEM DEDICATED NA/� 256 E85-OEM BI FUEL x.11.1 n�1 .. ./ 284 REMOTE KEYLESS ENTRY NA - TNAI1A bts- 71 14- ST1) 7511. 298 CRUISE CONTROLRILT iJA " AVM Lai- -I IN Sit 7S4', 311 SEATS:VINYL SEATS f,J11 321 FLOORING:RUBBER F(, VIWgL riot mG- 50 411 TRANSMISSION:MANUAL W/OVERDRV W A 1420' BEDLINER-FULL MOLDED+TAILGATE pNI 1.165tTq. bI$) 423 TOOL BOX-ACROSS BED BOX(attachment) 424 TOOL BOX-SIDE BED BOX(attachment) 430 PCKG:TOWINGIRCVR HITCH(Atchmt) N pt - AVAO—POLE- 7(rt-t ISO (050 432 TOW HOOKS ctD 440 PACKAGE:OFF ROAD(Attachment) NA--re 6ccGcPZJ AvAIc.PJ3Lt -i5c4 t3t0 443 PKG:STROBE LIGHT(Attachment) NA 444 ENGINE BLOCK HEATER /,IA 450 SKID PLATE-FUEL TNK,TRFR CS/DI Figs,Nit-tI-�I Rea-- paki§IW• STD 799# 468 SPRAY IN BEDLINER �CYNQ061"TL 472 EPACT AFV CREDIT:Specify • 520 POWER LOCKS - Srb OJ 7()'"' 4- IS Se 530 POWER WINDOWS NA' - $(� ON 7(S'34- -76-14 541 DELETE DAYTIME/AUTO HEADLIGHTS NA 599 AM/FM CD PLAYER .t .3ga 608 HYBRID GAS/ELECTRIC /.14 643 ADD DAYTIME RUNNING LIGHTS Sr* 763 PHEV(PLUG IN HYBRID ELEC VEH) 11/41A Via{ e` C " L it Colorado State Fleet Management Page 3 of 3 2013 VEHICLE SPECIFICATIONS Dealers Invitation to Bld 8/27/21112 Class: P/U-4x4 Body Code:J=1 PU SMALL,4X4 Representative Models: 1: NISSAN FRONTIER 2:TOYOTA TACOMA 3: SUZUKI EQUATOR 4: MAKE: Aria- MODEL: At OMA OEM MODEL it: I5o4 TRIM LEVEL: OEM CODE: AVAILABLE OPTIONS: OEM CODEACTUAL I COMMENTS PRICE 982 EXT WARRANTY-POWER TRAIN 5/100,OD0 I Alp' c.J/oo coe rrb N DOUc.r O�^D AVAILABLE COLORS: Please attach manufacturer color chart OTHER VEHICLE SPECIFICATIONS/OPTIONS (Please attach separate sheet if necessary) PRICE STANDARD FACTORY WARRANTY(Attach detailed description): MILES MONTHS Bumper to Bumper 3fuet0 3to Drive Train (ptLOU (oI Other Qrs(Q(PfFjcOh/ Wag itt) lot OPTIONAL FACTORY WARRANTY(Attach detailed description): MILES MONTHS• PRICE Z( It it p-Scob 9(, IS . EPA FUEL RATING: M.P.G CITY, 'l M.P.G HIGHWAY - OEM MINIMUM FUEL RATED OCTANE: DELIVERY: % DAYS FROM DEALER RECEIPT OF ORDER FROM STATE(E.G.90 DAYS) IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS: DEALER NAME: 'Art BIDDER'S NAME: -JaNNi ^ • & 6C( DEALER PHONE: 353-792- i ), SIGNATURE: ��� Christopher Bull From: Basci, John <Bascij @autonation.com> Sent Friday, February 01, 2013 11:45 AM To: Christopher Bull • Subject: Tacoma Chris, Nice to hear from you this year. The following is the pricing on the Tacoma you requested: Base Tacoma 4X4 (7504) $20813+V6 Access Cab (7554) $3600+Convenience Package (CP)$1005+Tow Package (TO)$650+Al W". Mats-faQ) $480.=$26168. -A-. .5 - toa - Power windows and locks as as Bluetooth are standard. CP adds power mirrors, sliding rear window,cruise control, remote keyless entry and audio con ols on the steering wheel. To add factory towing you need one of the following packages: CP, SR5 (SL),TRD Off-road ( or TRD Sport (PY). CP is the least costly and it gives you what you want plus a few extras. Toyota does not have many s and alone factory options, upgrades are done with packages. FYI-you can get heavy duty vinyl flooring (FL)for$50, eliminating carpet and the need for rubber mats. Any question feel free to email or call. Look forward to working with you this year. Fleet Manager GO Toyota 303-792-1120 (0) 303-268-8755 (F) 720-260-5466(C) • CONFIDENTIAL: This electronic mail (including any attachments) may contain information that is privileged, confidential, and/or otherwise protected from disclosure to anyone other than its intended recipient (s) . Any dissemination or use of this electronic email or its contents (including any attachments) by persons other than the intended recipient (s) is strictly prohibited. If you have received this message in error, please notify us immediately by reply email so that we may correct our internal records. Please then delete the original message (including any attachments) in its entirety. Thank you • • • 1